92 | Bar News | Autumn 2013 | In the preface to this book, the author states that the primary aim of the work was to collect, arrange and preserve illustrative stories about Australian law and lawyers from written and oral legal history, case law and the statute book. That aim has been accomplished in a work that is well-researched and easily readable. True to the word ‘miscellany’ in the title, the book contains an assortment of legal facts, tales and anecdotes divided into 12 chapters. The author states that the idea for the work emerged over many years in conversations with Leslie Katz, to whom the book is dedicated. Both men were, in succession, solicitor general of New South Wales. It is appropriate, therefore, that in the part of Chapter 7 (‘Lawyers with Attitude’) that discusses Crown law officers, the author relates an amusing story told to him by Katz to the effect that while Katz was solicitor general, an officer from the Attorney-General’s Department asked permission to leave a pile of papers on the solicitor general’s desk. The officer said that he would inform the solicitor general what the papers were about later in the day. Later that day, the officer collected the papers from Katz. As the author relates it, Katz subsequently found out that ‘a question had been asked in parliament on a matter of urgency and that the House had been told: ‘At this very time the file is on the desk of the solicitor general’.’ There are many anecdotes and stories about judicial and other lawyers’ behaviour from the nineteenth and early twentieth centuries. Some are better known, however, the majority are likely to be new to most readers. Many derive from Queensland which fact appears to cause the author some delight. Thus, in Chapter 4 (‘Judicial Appointments and Disappointments’), after remarking that, other things being equal, the longest serving judge at any point of time will assume the mantle of senior puisne judge, the author states that ‘Other things are never equal in Queensland as we shall see’. In Chapter 7 (‘Lawyers with Attitude’) the author comments that ‘Queensland as usual decided to take a different tack in dealing with unpalatable and inconvenient legal advice from its attorney general. For much of the twentieth century it simply got by with a non-lawyer in that office’. Queensland is not, however, the home state of the majority of persons who appear in Chapter 3 (‘Squabbling Jurists’). In this chapter, the author discusses various topics including instances of lawyers as litigants, duels between lawyers, rudeness and other unfortunate behaviour by judges and examples of judges as pedants or, perhaps, as purists depending on one’s viewpoint. The author writes in a clear, concise manner with an undercurrent of humour. However, that undercurrent does not limit his ability to express stronger views. In Chapter 5 (‘Judicial Shenanigans’) the author discusses instances where judges have become involved, in varying degrees, in political issues including as follows: ‘Parts of Sir John Latham’s dissent in the Communist Party Case read more like an historical diatribe than a piece of judicial reasoning’. Unsurprisingly, a large proportion of the book concerns judicial figures in one way or another. Notably, Chapter 6 (‘Judges: The Good, the Bad and the Sacked’) includes a description of 11 judges about whom the author states that it would be hard to overlook in any list of Australia’s worst judges. Happily for current and recently retired members of the judiciary, each judge to whom reference is made is from the nineteenth century. However, the book also focuses on other players in the legal world. Thus, Chapter Lawyers Then and Now: An Australian Legal Miscellany By Keith Mason | The Federation Press | 2012 BOOK REVIEWS
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92 | Bar News | Autumn 2013 |
In the preface to this book, the
author states that the primary aim
of the work was to collect, arrange
and preserve illustrative stories
about Australian law and lawyers
from written and oral legal history,
case law and the statute book.
That aim has been accomplished
in a work that is well-researched
and easily readable.
True to the word ‘miscellany’ in
the title, the book contains an
assortment of legal facts, tales
and anecdotes divided into 12
chapters.
The author states that the idea
for the work emerged over
many years in conversations
with Leslie Katz, to whom the
book is dedicated. Both men
were, in succession, solicitor
general of New South Wales. It is
appropriate, therefore, that in the
part of Chapter 7 (‘Lawyers with
Attitude’) that discusses Crown
law officers, the author relates
an amusing story told to him by
Katz to the effect that while Katz
was solicitor general, an officer
from the Attorney-General’s
Department asked permission
to leave a pile of papers on the
solicitor general’s desk. The officer
said that he would inform the
solicitor general what the papers
were about later in the day. Later
that day, the officer collected the
papers from Katz. As the author
relates it, Katz subsequently found
out that ‘a question had been
asked in parliament on a matter of
urgency and that the House had
been told: ‘At this very time the
file is on the desk of the solicitor
general’.’
There are many anecdotes and
stories about judicial and other
lawyers’ behaviour from the
nineteenth and early twentieth
centuries. Some are better known,
however, the majority are likely
to be new to most readers. Many
derive from Queensland which
fact appears to cause the author
some delight. Thus, in Chapter
4 (‘Judicial Appointments and
Disappointments’), after remarking
that, other things being equal, the
longest serving judge at any point
of time will assume the mantle of
senior puisne judge, the author
states that ‘Other things are never
equal in Queensland as we shall
see’. In Chapter 7 (‘Lawyers with
Attitude’) the author comments
that ‘Queensland as usual decided
to take a different tack in dealing
with unpalatable and inconvenient
legal advice from its attorney
general. For much of the twentieth
century it simply got by with a
non-lawyer in that office’.
Queensland is not, however, the
home state of the majority of
persons who appear in Chapter
3 (‘Squabbling Jurists’). In this
chapter, the author discusses
various topics including instances
of lawyers as litigants, duels
between lawyers, rudeness and
other unfortunate behaviour by
judges and examples of judges
as pedants or, perhaps, as purists
depending on one’s viewpoint.
The author writes in a clear,
concise manner with an
undercurrent of humour.
However, that undercurrent does
not limit his ability to express
stronger views. In Chapter 5
(‘Judicial Shenanigans’) the
author discusses instances where
judges have become involved, in
varying degrees, in political issues
including as follows: ‘Parts of
Sir John Latham’s dissent in the
Communist Party Case read more
like an historical diatribe than a
piece of judicial reasoning’.
Unsurprisingly, a large proportion
of the book concerns judicial
figures in one way or another.
Notably, Chapter 6 (‘Judges: The
Good, the Bad and the Sacked’)
includes a description of 11 judges
about whom the author states
that it would be hard to overlook
in any list of Australia’s worst
judges. Happily for current and
recently retired members of the
judiciary, each judge to whom
reference is made is from the
nineteenth century. However, the
book also focuses on other players
in the legal world. Thus, Chapter
Lawyers Then and Now: An Australian Legal Miscellany